Jana Nayagan Case: Madras HC Directs CBFC To Issue U/A Certificate, Vijay's Film Set For Release

In a massive relief to fans of Thalapathy Vijay and the makers of Jana Nayagan, the Madras High Court on Friday directed the Central Board of Film Certification (CBFC) to immediately grant a UA certificate to the much-awaited Tamil film. The court's strong and clear order has brought an end to days of uncertainty surrounding the film's certification, which had led to the postponement of its release that was originally scheduled for today.

Justice PT Asha, while delivering the verdict, made it clear that the complaint which led to the film being sent for review appeared to be an "afterthought" and warned that entertaining such complaints would set a "dangerous trend" in the film certification process, The Live Law reported.

The court did not mince words while stating that the CBFC chairperson's decision to refer the film to the Revising Committee was without jurisdiction.

The court observed that once the Examining Committee had recommended a UA certificate and the makers had complied with all suggested excisions and modifications, the certification process should have naturally concluded after the modifications recommended by the Examining Committee were carried out as the certificate would automatically follow, the judge noted.

In a key observation, the High Court said that the CBFC chairperson had no authority to reopen the certification process after informing the production house that a UA certificate would be granted subject to cuts. "Exercise of power by the chairperson is without jurisdiction since the power to send for review stood abdicated," the court said, adding that such an order could be set aside using the court's inherent powers.

Accordingly, the High Court quashed the CBFC chairperson's letter dated January 6, which had referred Jana Nayagan to the Revising Committee, allowed the petition filed by the production house, and directed the CBFC to issue the UA certificate forthwith.

The case was argued by Senior Advocate Satish Parasaran on behalf of the production house, while Additional Solicitor General ARL Sundaresan represented the CBFC. The court had reserved its order on Wednesday after hearing detailed arguments from both sides.

KVN Productions, headed by producer Venkata K Narayana, had approached the High Court alleging that the certification of Jana Nayagan was being unreasonably delayed, which could result in huge financial losses, especially given the scale of the film and the expectations surrounding Vijay's upcoming release.

The producers submitted that on December 22, they received official communication from the CBFC's Regional Office stating that the Examining Committee had recommended a UA certificate, subject to certain cuts and modifications. The makers promptly complied with these changes and resubmitted the film. Following this, on December 29, the Regional Office once again confirmed that the film would be granted a UA certificate.

However, to the shock of the producers, an email was received on January 5, stating that the film had been referred to the Revising Committee under Rule 24 of the Cinematograph Certification Rules. This decision was reportedly based on a complaint alleging that the film hurt religious sentiments and misrepresented the armed forces.

Arguing against this move, the production house contended that reopening the process after certification approval was illegal and arbitrary. They pointed out that a committee member cannot transform into a complainant, and that once a majority decision is taken by the Examining Committee, the objection of a single member cannot override it.

On the other hand, the CBFC maintained that under Rule 23(14), the Chairperson had the authority to differ from the committee's opinion and order a review, even based on a complaint. It was argued that one committee member had raised objections which were not considered.

Rejecting this argument, the High Court firmly upheld the sanctity of the certification process and the authority of the Examining Committee's majority decision.

With the legal hurdle now cleared, Jana Nayagan is all set to move forward towards release, much to the joy of Vijay's fans who had been anxiously awaiting clarity. The verdict not only paves the way for the film's smooth release but also sets an important precedent against arbitrary delays in film certification.

The date of the movie is yet to be announced by the makers.